§ 17316 — Interests of public officers, public employees and party officers

(a) Management level employees.--

(1) A party officer, public officer, public official or public employee may not be employed as a management-level authority employee.

(2) A person convicted of an infamous crime may not be employed as a management-level employee by the authority.

(b) Other laws applicable.--

(1) The provisions of the act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act, and 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) are made specifically applicable to board members, officers and employees of the authority. For the purposes of application of these acts, employees of the authority shall be regarded as public employees of the Commonwealth, and officers and board members of the authority shall be regarded as public officials of the Commonwealth, regardless of whether the employee, officer or board member receive compensation.

(2) The authority is subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, and 65 Pa.C.S. Ch. 7 (relating to open meetings).

(c) Conflicts of interest.--Notwithstanding the provisions of subsection (b), the following prohibitions shall apply:

(1) A management-level employee or other employee of the authority may not use the employee's position with the authority or confidential information received through the employee's position with the authority to obtain financial gain other than compensation provided by law for the employee, a member of the employee's immediate family or a business with which the employee is associated. For purposes of this paragraph, the term "business with which the employee is associated" shall mean a business in which the employee or a member of the employee's immediate family is a director, officer, owner, employee or stockholder.

(2) A person may not offer or give to a management-level employee or other employee of the authority or a member of the employee's immediate family or a business with which the employee is associated, and management-level employees or other employees of the board may not solicit or accept, anything of value, including a gift, loan, political contribution, reward or promise of future employment, based on an understanding that the vote, official action or judgment of the employee would be influenced thereby. For purposes of this paragraph, the term "business with which the employee is associated" shall mean a business in which the person or a member of the person's immediate family is a director, officer, owner, employee or stockholder.

(3) A management-level employee or other employee of the authority or a member of the employee's immediate family or a business in which the employee or a member of the employee's immediate family is a director, officer, owner or stockholder exceeding 5% of the equity at fair market value of the business may not enter into a contract valued at $500 or more to provide goods or services to the authority unless the contract has been awarded to the lowest responsible bidder through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded.

(4) A former management-level employee or other former employee of the authority may not represent a person, with or without compensation, on any matter before the authority with which the employee has been associated for one year after the employee leaves employment with the authority.

(5) An individual who is a State, county seat or county public officer or public official or a party officer, a member of the immediate family of the individual or a business with which the individual or immediate family member is associated shall not have a financial interest in a contract valued at $500 or more to provide goods or services to the authority either during the time the individual holds the office or for two years after the individual terminates the office unless the contract is executed under paragraph (3). For purposes of this paragraph:

(i) The term "financial interest" does not include employment by, association with or ownership of a business association unless the public officer, public official, party officer or immediate family member owns shares of stock in the corporation in an amount in excess of 5% of the total issue of the stock of the corporation or has an ownership interest in a noncorporate business association in an amount in excess of 5% of the total ownership of the noncorporate business association.

(ii) The term "business with which the individual or immediate family member is associated" shall mean a business in which the person or a member of the person's immediate family is a director, officer, owner, employee or holder of stock.

(6) An employee of the authority or an advisor or consultant to the county seat, the county or the State who has recommended to the authority which the employee serves either entering into a contract relating to a convention center authority or a course of action of which entering into the contract is an express or implied part may not have an adverse interest in the contract.

(7) A management-level employee or other employee of the authority, the county seat, the county or the State may not influence or attempt to influence the making of or supervise or in any manner deal with a contract with the authority in which the employee has an adverse interest.

(8) A management-level employee or other employee of the authority may not have an adverse interest in a contract with the authority.

(9) An individual having an adverse interest in a contract with the authority may not become a management-level employee or other employee of the authority until the adverse interest is wholly divested.

(10) A management-level employee or other employee of the Commonwealth, authority, county seat or county, except in the performance of the employee's duties for the authority, may not, directly or indirectly, represent a person upon a matter pending before the authority for remuneration.

(d) Penalties.--

(1) An individual who violates this section shall be immediately terminated from employment with the authority by the appropriate individual having the power to terminate and shall be liable to the authority to reimburse the authority for all compensation received by the employee from the authority while employed in violation of subsection (a).

(2) An individual who violates subsection (c)(1) or (2) commits a felony and, upon conviction, shall be sentenced to pay a fine of not more than $10,000 or to imprisonment for not more than five years, or both.

(3) An individual who violates subsection (c)(3), (4), (5), (6), (7), (8), (9) or (10) commits a misdemeanor and, upon conviction, shall be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than one year, or both.

(4) An individual who obtains financial gain from violating subsection (c), in addition to any other penalty provided by law, shall pay into the accounts of the authority a sum of money equal to three times the financial gain resulting from the violation.

(5) An individual who violates subsection (c) shall be barred for a period of five years from engaging in any business or contract with the authority, the county seat, the county, the Commonwealth and all political subdivisions of the Commonwealth.

(6) An employee of the county seat, the county or the Commonwealth or any political subdivision of the Commonwealth or a public officer or public official who violates subsection (c) must automatically forfeit the office or employment the employee, officer or official holds.

(7) The penalties and sanctions provided by this section shall supersede any similar penalties and sanctions provided by 65 Pa.C.S. Ch. 11 and the State Adverse Interest Act.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Business."A corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint-stock company, receivership, trust or any legal entity organized for profit or as a not-for-profit corporation or organization.

"Immediate family."A parent, spouse, child, brother, sister or like relative-in-law.

"Infamous crime."A violation and conviction for an offense which would disqualify an individual from holding public office pursuant to section 6 of Article II of the Constitution of Pennsylvania or a conviction for a violation of this section, 18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions) or 18 Pa.C.S. Ch. 47 (relating to bribery and corrupt influence), 49 (relating to falsification and intimidation), 51 (relating to obstructing governmental operations) or 53 (relating to abuse of office) or any other violation of the laws of this Commonwealth for which an individual has been convicted within the preceding 10 years and which is classified as a felony, and similar violations of the laws of another state or the Federal Government.

"Management-level authority employee."The chairperson and members of the board, counsel employed by the authority, the executive director of the authority and authority employees with discretionary powers which may affect the outcome of the authority's decision in relation to a private corporation or business or employees who, by virtue of the employee's job function, have the ability to influence the outcome of the decision.

"Party officer."Any of following members or officers of a political party:

(1) A member of a national committee.

(2) A chairperson, vice chairperson, secretary, treasurer or counsel of a State committee or member of the executive committee of a State committee.

(3) A city chairperson or vice chairperson or counsel, secretary or treasurer of a city committee.

(4) A county chairperson or vice chairperson or counsel, secretary or treasurer of a county committee.

"Person."A business, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons.

"Public employee."As follows:

(1) The term includes an individual employed by the Commonwealth or a political subdivision of the Commonwealth who is responsible for taking or recommending official action of a nonministerial nature with regard to:

(i) contracting or procurement;

(ii) administering or monitoring grants or subsidies;

(iii) planning or zoning;

(iv) inspecting, licensing, regulating or auditing any person; or

(v) any other official action which has an economic impact of greater than a de minimis nature on the interest of any person.

(2) The term does not include individuals who are employed by the Commonwealth or a political subdivision of the Commonwealth in teaching, as distinguished from administrative duties.

"Public officer."An individual elected to any public office of the Commonwealth or a political subdivision of the Commonwealth.

"Public official."An elected or appointed official in the executive, legislative or judicial branch of the Commonwealth or a political subdivision of the Commonwealth. The term does not include any of the following:

(1) Members of advisory boards who have no authority to expend public money other than reimbursement for personal expense or to otherwise exercise the power of the Commonwealth or a political subdivision of the Commonwealth.

(2) An appointed official who receives no compensation other than reimbursement for actual expenses.